Vijay Kumar Verma - (1.) BY means of this application under Section 439 of the Code of Criminal Procedure, prayer for bail has been moved on behalf of applicant Jasvir Singh S/o Bhagh Singh Yadav in Case Crime No. 440 of 2007 under Sections 363, 366, 376, I.P.C. and Section 3 (2) (v) of S.C./S.T. Act, P. S. Dholna, district Etah.
(2.) AN F.I.R. was lodged on 29.8.2007 by the complainant Ram Prasad S/o Tola Ram Jatav, R/o village Jakhera, P. S. Dholna, district Etah, against Jasvir Singh (applicant herein) and Ajay Pal Singh Yadav. A case under Sections 363, 366, I.P.C. and Section 3 (2) (v) of S.C./S.T. Act was registered at Crime No. 440 of 2007 at P. S. Dholna, Etah. The allegations made in the F.I.R., in brief, are that daughter of complainant aged about 13 years had gone to cut the grass on 21.8.2007 at about 2.00 p.m. (Name of the prosecutrix is not being disclosed in the order in pursuance of the direction of the Hon'ble Apex Court). It is alleged that the accused Jasbir Singh and his brother-in-law (sala) Ajay Pal Singh Yadav kidnapped and carried the daughter of the complainant on motorcycle. Further case of the prosecution is that both the accused persons committed rape with prosecutrix after confining her in some house. The accused Jasbir Singh is alleged to have committed rape with her for many days. It is also alleged that the prosecutrix was recovered on 31.8.2007 in kasba Dholna at the tiraha of the road going to Firozapur and applicant Jasvir Singh was also present with her at that time, who was arrested by the police. I have heard argument of Sri A. Kumar Singh and Sri Ghanshyam Joshi, advocates appearing for the applicant and A.G.A. for the State. The main submission made by the learned counsel for the applicant was that the co-accused Ajay Pal Singh Yadav has been granted bail by another Bench of this Court vide order dated 16.12.2008, passed in Criminal Misc. Bail Application No. 34040 of 2008 and since the role of committing rape with the prosecutrix was attributed to that accused also in the statement of prosecutrix recorded under Section 161, Cr. P.C. hence on the ground of parity the applicant deserve bail.
(3.) NEXT submission made by learned counsel was that incident of kidnapping the daughter of the complainant is said to have occurred on 21.8.2007, whereas F.I.R. was lodged on 29.8.2007. It is further submitted by the learned counsel for the applicant that statement of the prosecutrix under Section 164, Cr. P.C. has not been recorded purposely, as she might be a consenting party in going with the applicant.;